CRIM 5- JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSYTEM

Juvenile Delinquency

It refers to an anti-social acts or behaviors committed by minors which are contrary to the norms of the society. It involves oftentimes misdemeanor, but many include also offenses and felonies.

Doctrine of Parens Patriae

Is a Latin term meaning "parent of the nation." In legal terms, it refers to the inherent power of the state to act as a guardian for those who cannot care for themselves. This power is often exercised through the courts to protect the rights and well-being of individuals, particularly children, the elderly, and those with disabilities. A common application is in child welfare cases, where the state may take custody of a child if the parents are unable or unwilling to provide adequate care.

House of Refuge

It was situated in New York in 1825. It was opened to house juvenile delinquents, who were defined in its charter

as "youths convicted of criminal offenses or found in vagrancy." By the middle of the nineteenth century many states

either built reform schools or converted their houses of refuge to reform schools. The reform schools emphasized formal

schooling, but they also retained large workshops and continued the contract system of labor.

Types of Delinquent Youth (SNAA)

1. Social

2. Neurotic

3. Asocial

4. Accidental

Social Delinquent

An aggressive youth who resents the authority of anyone who make an effort to control his behavior.

Neurotic Delinquent

He has internalized his conflicts and preoccupied with his own feelings.

Asocial Delinquent

Are characterized by a cold, callous, and remorseless nature. They often lack empathy and conscience, and their behavior is often driven by self-interest and a disregard for others. They may engage in serious crimes, such as violence, theft, and drug trafficking.

Accidental Delinquent

He is less identifiable in his character, essentially socialize law abiding but too happens to be at the wrong place at the wrong time and becomes involved in some delinquent act not typical of his general violent forms of criminal behavior.

Stages of Delinquency (3ECO)

1. Emergence

- The child begins with petty larceny

2. Exploration

- He or she then move on to shoplifting and vandalism

3. Explosion

- There is a substantial increase in variety of seriousness

4. Conflagration

- Four or more types of crime is added

5. Outburst

- Those who continue on adulthood will progress into more sophisticated or more violent forms of criminal behavior.

Classification of Delinquency (USO)

1. Unsocialized Aggression

2. Socialize Delinquency

3. Over-Inhibited

Unsocialized Aggression

Rejected or abandoned, no parents to imitate and become aggressive.

Socialize Delinquency

Membership in fraternities or groups that advocate bad things.

Over-Inhibited

Group secretly trained to do illegal activities like marijuana cultivation.

Different Approach Towards Delinquency

1. Biogenic Approach

2. Psychogenic Approach

3. Sociogenic Approach

Biogenic Approach

Views the law-breaker as a person whose misconduct is the result of faulty biology. The offender is hereditary defective, suffers from endocrine imbalance or brain pathology, his or her body structure and temperament pattern have produced the law breaking.

Psychogenic Approach

It tells us that the offender behaves as she or he does in response to psychological pathology of some kind. The critical casual factors in delinquency are - personality problems, to which juvenile misbehavior is presume to be a response.

Sociogenic Approach

Attributes the variations in delinquency pattern to influence social structures. They account for individual offender by reference process, which go on in youth gangs, stigmatizing contacts with social control agencies and other variables of that time.

Causes of Behavioral Disorders

1. Predisposing Factor

2. Precipitating Factor

Predisposing Factor

Inclinations or inherited propensities, which cannot be, considered a criminal one unless there is a probability that a crime will be committed.

Precipitating Factor

Elements which provokes crimes or factors that are signified to the everyday adjustments of an individual, like personal problems, necessities, imitation, curiosity, ignorance, and diseases.

Factors Affecting Juvenile Delinquency

1. Individual Risk Factors

2. Family

3. Environment

4. School

5. Other Departments or Agencies of the Government

6. Peer Influences

Individual Risk Factors

Individual psychological or behavioral risk factors that may make offending more likely include intelligence, impulsiveness or the inability to delay gratification, aggression, empathy, and restlessness.

Family

Is the first and basic institution in our society for developing the child's potential, in all its many aspects like emotional, intellectual, moral, and spiritual as well as physical and social. It is within the family that the child must learn to curb his desires and to accept rules that define the time, place and circumstances under unacceptable ways.

Cradle of human personality

Home

Environment

It is where the child influences after his first highly formative years. Youth in the community turns to become delinquent with companions.

School

A public instrument for training young people. It is more directly accessible to change through the development of new resources and policies. And since it is a principal institution for development of a basic commitment by young people to the goals and values of our society, it is imperative that it be provided with the resources to compete with illegitimate attraction for young people's allegiance.

Other Department or Agencies of the Government

Some of the department and agencies of the government also create factors that influence the youth to become delinquent such as political interference of the higher positions, unfair decisions of the court, police carelessness and unfair treatment, influence from the newspapers, movies, tv, radio, comic and other magazine.

Three Types of Delinquent Gangs by Cloward and Ohlin

1. Criminal Gang

2. Conflict/Violent Gang

3. Retreatist Gang

Criminal Gang

Emerge in areas where conventional and non-conventional values of behavior are integrated by a close connection of illegitimate and legitimate business. This type of gang is stable than the ones to follow. Older criminals serve as role models and they teach necessary criminal skills to the youngsters.

Conflict/Violent Gang

Non-stable and non-integrated, where there is an absence of criminal organization resulting in instability. This gang aims to find reputation for toughness and destructive violence.

Retreatist Gang

Is equally unsuccessful in legitimate as well as illegitimate means. They are known as double failures, thus retreating into a world of sex, drugs, and alcohol.

Theories of Delinquency

1. Social Disorganization Theory

2. Anomie Theory

3. Strain Theory

4. Differential Oppression Theory

5. Differential Association Theory

6. Social Learning Theory

7. Drift Theory

8. Labeling Theory

9. Social Control Theory

10. Self-Derogation Theory

11. Self-Control Theory

12. Culture Deviance Theory

13. Rational Choice Theory

Social Disorganization Theory

This theory posits that delinquency is more likely to occur in areas with weak social institutions (e.g., family, schools, community organizations). These areas often lack social control, leading to higher rates of crime and delinquency.

Anomie Theory

Breakdown of social orders as result of loss of standards and values that replaced social cohesion.

Strain Theory

Suggests that society puts pressure on individuals to achieve socially accepted goals, such as the American Dream, even though they lack the means to do so. This discrepancy between goals and means leads to strain, which may drive individuals to commit crimes as a way to achieve their desired outcomes.

Differential Oppression Theory

Proposed that much serious juvenile delinquency is a product of the oppression of children by adults, particularly within the context of family.

Differential Association Theory

Asserts that criminal behavior is learned primarily in interpersonal groups and that youths will become delinquent if definitions they learn in those groups that are favorable to violating the law exceed definitions favorable to obeying the law.

Social Learning Theory

This theory view that behavior is modeled through observation, either directly through intimate contact with others, or indirectly through media; interactions that are rewarded are copied, where are those that are punished are avoided.

Drift Theory (Neutralization Theory)

Proposed by sociologist David Matza, suggests that individuals drift in and out of delinquency. It posits that individuals are not always committed to either a conventional or delinquent lifestyle. Instead, they may temporarily engage in delinquent behavior due to a weakened social bond or a desire for excitement.

Example:

Imagine a teenager named Alex who is generally a good student and is involved in school activities. However, he starts hanging out with a new group of friends who engage in minor delinquent acts, such as shoplifting and vandalism. Alex, initially hesitant, is drawn into these activities due to peer pressure and a desire to fit in. After a period of involvement in delinquent behavior, Alex may experience negative consequences, such as getting caught by the police or facing academic difficulties. These consequences may lead him to reconsider his actions and drift back to conventional behavior. He may re-establish his bonds with family and friends, focus on his studies, and abandon his delinquent lifestyle.

Labeling Theory (Social Reaction Theory)

Crime is caused by societal reactions to behavior, which include exposure to the juvenile justice system. Once children are labelled delinquent, they become delinquent.

Social Control Theory

Suggests that strong social bonds prevent individuals from engaging in delinquent behavior. These bonds include attachment to family and friends, commitment to conventional goals like education and career, involvement in positive activities, and belief in societal norms and values. When these bonds are weak, individuals are more likely to engage in delinquency.

Self-Derogation Theory

Suggests that individuals with low self-esteem may engage in delinquent behavior as a way to boost their self-image. By engaging in risky or rebellious behavior, they may seek validation and attention from peers, even if it leads to negative consequences. This theory highlights the psychological factors that can contribute to delinquency, particularly among young people who may be struggling with identity and self-worth.

Culture Deviance Theory

Links delinquent acts to the formation of independent subcultures with a unique set of values that clash with the main stream culture. This theory argues that children learn deviant behavior socially through exposure to others and modeling of others action.

Rational Choice Theory

They argue in many cases, deviance is a result of highly calculation of risks and awards. Prospective deviants weigh their own chance of gain against the risk of getting caught, and thereby decide a course of action.

EO 209

Family Code of the Philippines

Marriage

Is a social union or legal contract between individuals that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged by variety of ways, depending on the culture or demographic. Such a union may also be called matrimony, while the ceremony that marks its beginning is usually called a wedding and the marital structure created is known as wedlock.

Wedlock

State of being married.

Essential Requisites of Marriage

(1) Legal capacity of the contracting parties who must be a male and a female.

Ages 18-21: Parental consent is required.

Ages 22-25: Parental advice is necessary.

(2) Consent freely given in the presence of the solemnizing officer.

Formal Requisites of Marriage

1. Authority of the Solemnizing Officer:

The marriage must be solemnized by a person authorized by law, such as a judge, a municipal mayor, or a religious minister duly authorized by his church or religious sect.

2. Valid Marriage License:

A marriage license must be issued by the Local Civil Registrar of the municipality where either party habitually resides.

3. Marriage Ceremony:

A marriage ceremony must be performed, where the couple declares in the presence of the solemnizing officer and at least two witnesses of legal age that they take each other as husband and wife.

Void ab initio

Void from the beginning.

Articulo Mortis

At the point of death.

Paternity

Is the civil status relationship of the father to the child.

Filiation

Is the civil status or relationship of the child to the father. The filiations of children may be by nature or adoption.

Kinds of Children under Family Code (LILA)

1. Legitimate Child

2. Illegitimate Child

3. Legitimated Child

4. Adopted Child

Legitimate Child

One conceived or born during the marriage of the parents.

Illegitimate Child

Children conceived outside the valid marriage.

Legitimated Child

Children who are originally illegitimate but later considered legitimate by legal fiction because of the subsequent marriage of the parents who at the time of the child's conception, had no legal impediment to marry each other.

Adopted Child

Legally made the son or daughter of someone other than a biological parent.

Parental Authority

Is the mass of rights and obligations which parents have in relation to the person and property of their children until their emancipation, and even after under certain circumstances.

Emancipation

Refers to the act of freeing someone from the control of another person. In the context of family law, it typically means a minor child gaining legal independence from their parents or guardians.

Patria Potestas

Power of the father.

Suspension of Parental Authority

1. Conviction of parent for crime without civil interdiction

2. Treats child with excessive harassment and cruelty

3. Gives corrupting orders, counsel or example

4. Compels child to beg

5. Subjects to or allows acts of lasciviousness

Grounds for the Permanent Termination of Parental Authority

1. Death of parents

2. Death of child

3. Emancipation of child

4. Parents exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse

General Rule

No child under seven (7) years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.

Tender Years Doctrine

Is a legal principle that assumes young children, typically under the age of seven, should be in the custody of their mothers. This is based on the idea that mothers are better equipped to care for young children.

Family

Being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect.

Types of Family

1. Nuclear Family/Conjugal or Elementary

2. Extended Family

Nuclear Family/Conjugal or Elementary

Consists of two parents and their biological or adopted children.

Extended Family

Includes parents, children, and other relatives like grandparents, aunts, uncles, and cousins, often living in the same household or close proximity.

Models of Family Life (CTMBT)

1. Corporate Model

2. Team Model

3. Military Model

4. Boarding Model

5. Theatrical Model

Corporate Model

Father is the Chief Executive Officer. Mom, the operating officer who implements Dad's policy and manages the Staff (children), who in turn have privileges and responsibilities base on their seniority.

Team Model

Dad is the head coach; mom is the chief of the training table and head cheerleader. The children, suffering frequent performance anxiety, play by the rules and stay in shape without conformity calisthenics. In the team family, competition is the name of the game and winning is everything.

Military Model

Dad's the general. Mom always on guard duty with special assignment to the nurse corps when needed. Rank justifies arbitrary behavior. Sympathy if for softies. Discipline is all. Unruly children are sent to stockade. Insubordinate wives risk dishonorable discharge. Punishment is swift and sadism is called character building.

Boarding Model

Dad, the rector or headmaster, is in charge of training strong minds and bodies. Mom, the dorm counselor, oversees the realm and emotion, illness, good works, and bed wetting. The children are the dutiful student. The parents of course, have nothing left to learn, theirs is but to teach and test.

Theatrical Model

Dad, the producer, also plays the role of the Father. Mom, the stage manager, doubles in part of Mother. Children, the stagehands, also act the roles of girls and boys.

Related Philippine Laws Affecting Children

PD 603- Child and Youth Welfare Code

RA 6809- An act lowering the age of majority from 21 to 18

RA 9344- Juvenile Justice and Welfare Act of 2006

RA 10630- An act strengthening the Juvenile Justice System in the Philippines, amending for the purpose RA 9344.

RA 9262- Anti-Violence Against Women and Their Children Act of 2004

RA 7610- Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

RA 8369- Family Courts Act of 1997

RA 8552- Domestic Adoption Act of 1998

RA 8043- Inter-Country Adoption Act of 1995

RA 6972- Barangay - Level Total Development and Protection of Children Act

RA 9255- An act allowing illegitimate children to use the surname of their father

EO 209- Family Code of the Philippines

PD 603

Child and Youth Welfare Code

Special Categories of Children (DAN)

1. Dependent Child

2. Abandoned Child

3. Neglected Child

Dependent Child

Is one who is without a parent, guardian or custodian; or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public for support.

Abandoned Child

Refers to a child who has no proper parental care or guardianship, or whose parent(s) have deserted him/her for a period of at least three (3) continuous months, which includes a foundling.

Foundling

Means an infant that has been abandoned by its parents and is discovered and cared for by others.

Neglected Child

Refers to a child whose basic needs have been deliberately unattended or inadequately attended within a period of three (3) continuous months. Neglect may occur in two (2) ways:

(a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A child is unattended when left by himself/herself without proper provisions and/or without proper supervision.

(b) There is emotional neglect when the child is maltreated, raped, seduced, exploited, overworked, or made to work under conditions not conducive to good health; or is made to beg in the streets or public places; or when children are in moral danger, or exposed to gambling, prostitution, and other vices.

Parental Authority (Patria Potestas)

Refers to the sum total of the rights of the parents over the person and property of their un-emancipated child. The

exercise of which has no distinction between a legitimate and an illegitimate child.

Nota Bene

Parental authority shall be exercised jointly by the parents of the child. In the case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary. In case of separation of his parents, no child under 7 years of age shall be separated from his mother unless the court finds compelling reasons to do so.

Substitute Parental Authority

In default of parents or a judicially appointed guardian, the following persons shall exercise substitute parental authority over the child in the order indicated:

1. The surviving grandparent

2. The oldest brother or sister, over 21 years of age

3. The child's actual custodian, over 21 years of age

Liabilities of Parents

Parents and guardians are responsible for the damage or injury caused by the child under their parental authority.

Classifications of Child and Youth Welfare Agencies

1. Child-caring institutions

2. Detention Home (Now Bahay Pag-asa)

3. Shelter-care insitution

4. Receiving homes

5. Nursery

6. Maternity Home

7. Rehabilitation Center

8. Reception and Study Center

9. Child-placing agency

Child-caring Institution

Is one that provides twenty-four resident group care service for the physical, mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders.

An institution, whose primary purpose is education, is deemed to be a child-caring institution when nine or more of its pupils or wards in the ordinary course of events do not return annually to the homes of their parents or guardians for at least two months of summer vacation.

Bahay Pag-asa

Refers to a 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

Shelter-care Institution

Is one that provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order holding them as material witnesses.

Receiving homes

Are family-type homes which provides temporary shelter from ten to twenty days for children who shall during this period be under observation and study for eventual placement by the Department of Social Welfare. The number of children in a receiving home shall not at any time exceed nine: Provided, That no more than two of them shall be under three years of age.

Nursery

Is a child-caring institution that provides care for six or more children below six years of age for all or part of a twenty-four hour day, except those duly licensed to offer primarily medical and educational services.

Maternity Home

Is an institution or place of residence whose primary function is to give shelter and care to pregnant women and their infants before, during and after delivery.

Rehabilitation Center

Is an institution that receives and rehabilitates youthful offenders or other disturbed children.

Reception and Study Center

Is an institution that receives for study, diagnosis, and temporary treatment, children who have behavioral problems for the purpose of determining the appropriate care for them or recommending their permanent treatment or rehabilitation in other child welfare agencies.

Child-placing Agency

Is an institution or person assuming the care, custody, protection and maintenance of children for placement in any child-caring institution or home or under the care and custody of any person or persons for purposes of adoption, guardianship or foster care. The relatives of such child or children within the sixth degree of consanguinity or affinity are excluded from this definition.

RA 9262

Anti-Violence Against Women and their Children Act of 2004

Violence against women and their children

Refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

Physical Violence

Refers to acts that include bodily or physical harm.

Sexual violence

Refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.